S.Amdt. 3230

SA 3230, submitted by Mrs. Shaheen, aims to add a new section (Sec. 533) to the bill. The purpose of this addition is to authorize the Secretary of Defense to allow, settle, and pay claims against the United States for sexual misconduct that occurred during a member's service in the armed forces.

This amendment changes the law by adding a specific process for victims of sexual misconduct perpetrated by other members of the armed forces to seek compensation, regardless of whether the perpetrator was acting within their scope of employment.

Key details of the proposed change include:

• Claim Requirements: Claims must be filed in writing within five years, be filed by the victim (or an authorized representative), be unsupported by other laws for payment, and be supported by a preponderance of the evidence.
• Payment and Liability: The Department of Defense is liable for damages attributable to the misconduct. The Secretary of Defense can pay up to $100,000, with amounts exceeding that reported to the Secretary of the Treasury.
• Protections and Rights: Claims cannot be reduced by other Department of Defense benefits or health care payments. The United States cannot assert immunity for these actions, and claimants have the right to judicial review in a U.S. District Court.
• Accountability: If a claim is denied, the Secretary of Defense must provide detailed reasoning and all relied-upon records. The Secretary must also provide annual reports to the House and Senate Committees on Armed Services regarding the number and resolution of claims.
• Legal Fees: Attorney fees are limited to 20 percent of a paid claim, or 25 percent if judicial review was sought.